Class Action

Supreme Court activity this week: Harper v. 24 Hour Fitness and Kullar v. Foot Locker Retail

By Kimberly A. Kralowec

This week, the Supreme Court took action in two cases involving class certification issues.  In both cases, it allowed the Court of Appeal opinions to stand:

• The Court denied review in Harper v. 24 Hour Fitness, Inc., 167 Cal.App.4th 966 (2008).  In Harper, the Court of Appeal (Second Appellate District, Division Seven, with one justice dissenting) reversed an order decertifying UCL and FAL claims for class treatment. Here is my original blog post on Harper.
  
• The Court denied a depublication request in Kullar v. Foot Locker Retail, Inc., 168 Cal.App.4th 116 (2008).  There, the Court of Appeal reversed an order granting final approval of a class action settlement, holding that the trial court's factual findings were insufficient respecting the proposed settlement's value, and hence its fairness and adequacy. Here is my original blog post on Kullar.

I have been told that Alameda County Superior Court Judge Steven A. Brick has a handout for litigants on complying with Kullar when filing final approval motions.

Full post as published by The UCL Practitioner on February 13, 2009 (boomark / email).